The Trend to Adopt Mandatory Employment Arbitration Programs

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and … Continue reading

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The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first … Continue reading

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Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. The NLRB  reaffirmed established law that a series of … Continue reading

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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements

Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading

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NLRB’s Email Rule May Be Coming to an End

In its 2014 decision Purple Communications Inc. and Communication Workers of America, the NLRB ruled that employees could generally use employers’ email systems to organize or engage in other concerted activities protected by Section 7 of the National Labor Relations … Continue reading

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Back-peddling on Who Is the Employer: The NLRB Proposes a Revision to the Joint Employer Standard

In a 2015 controversial decision, the National Labor Relations Board (“NLRB”) ruled that, for purposes of federal labor law violations, a business may be deemed a joint employer of another company’s employees if the business had “indirect” control over those … Continue reading

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